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Senate passes new COA panel bill

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The Indiana Senate has given its OK to add three judges to the state's second highest appellate court.

By a 47-2 vote just before 7 p.m. Monday, senators passed Senate Bill 35 that would create a sixth Indiana Court of Appeals panel and increase the number of judges from 15 to 18 starting in January 2010. Sen. Vi Simpson, D-Bloomington, and Sen. James Lewis, D-Charlestown, voted against the legislation, though no one spoke against the bill on the floor.

Bill author Sen. Richard Bray, R-Martinsville - chair of the Senate Judiciary Committee that unanimously authorized this bill and also the leader of the Commission on Courts that's repeatedly recommended the panel's creation in past years - reminded his colleagues that this new panel of judges has been recommended for at least five years, and that it's inevitable and becomes more pressing each year.

"Each year we need it a little worse," he said, referring to a growing appellate caseload nearing 3,000 a year.

During a Senate Judiciary meeting in January, Chief Judge John Baker said the court achieved a clearance rate of 100 percent last year and maintains an average turnaround time for decisions of about 1 ½ months - two points that allows Indiana's intermediate appellate court to be able to say it's the most efficient court of its kind nationally.

While the court is doing well to keep up and the chief judge hasn't made any official request for more judges, both he and Bray said the need will eventually become critical as the ever-growing caseload continues but the judicial resources remain the same. If the General Assembly doesn't add more judges, Bray said the court will be left with options of writing fewer opinions, spending less time on cases, or decreasing the quality of its judicial work - none of those are legally desirable, he said.

"This may be subject to budget constraints and may not happen this year," he said. "But once again, we keep postponing the inevitable. If the fiscal people could find anyway to get this in, I think it would benefit our state, our legal system, and everyone."

A hurdle may arise for the legislation now that it moves to the Democrat-controlled House of Representatives: The bill's fiscal impact statement estimates spending $1.3 million the first year and $2.2 million thereafter, which could cause more legislative apprehension.

If the General Assembly passes the legislation and the governor signs it into law, the Judicial Nominating Commission would begin the selection process later this year, according to the proposal.

Reps. Linda Lawson, D-Hammond, and Kathy Richardson, R-Noblesville, have agreed to sponsor the appellate judge panel legislation in the House.

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  1. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

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